[Direct answer]In the Beijing area, the work of criminal complaint attorneys mainly includes four aspects. First, nature determination: distinguishing whether the act the client encounters is a civil dispute or a criminal offense, which is a key prerequisite for whether a case can be filed. Many victims have failed to obtain justice for a long time precisely because their cases were treated as economic disputes. Second, evidence organization: arranging the flow of funds, transaction records, chat content, and time points into a complete chain according to the proof standards required for the complaint. Third, materials preparation: drafting the "Criminal Complaint Letter" and an evidence list, and accompanying the complainant to the case-handling authority to submit them, striving to have the case accepted on the spot and filed as soon as possible. Fourth, relief connection: in the case of a refusal to file a case, assist in applying for a review or applying to the people's procuratorate at the same level for case filing supervision. According to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), if the public security organ refuses to file a case because it believes there are no criminal facts or the criminal facts are obviously minor and do not require criminal responsibility, it shall issue a notice of refusal to file a case. The victim may apply for a review.Criminal defense and criminal case filingThe advice in the column shows that the quality of the work in the complaint stage often determines whether the subsequent rights protection can proceed smoothly.

1. Problem background and typical scenarios

Common accusation needs include: being cheated of money by acquaintances under the guise of buying and selling, borrowing, cooperation, etc.; suffering huge losses from illegal fund-raising or financial investment traps; being delayed for a long time under the pretext of investment rebates; fraud involving vehicle transfer and house transactions; being blackmailed or extorted for money by threatening means. The common point of these cases is that victims often have a large number of scattered materials, but lack the judgment of the suspected crimes and the standard of evidence, and are prone to handle them by civil litigation, ultimately missing the opportunity for criminal prosecution.Creditor's rights and debts, and enforcementThe recovery path in the column can complement the criminal charges.

II. Key points of contention

Focus I: The standard for distinguishing between civil disputes and criminal offenses. Focus II: Proving the intent to illegally possess in fraud-related cases. Focus III: Identifying the victim's fault and its impact on the legal classification. Focus IV: Methods of determining the amount involved in the case and the illegal income. Focus V: Choosing remedies when the case is not filed after being reported. Focus VI: Coordinating civil litigation and criminal prosecution simultaneously.Special services and other casesThe explanations in the column regarding the organization of evidence and the progress of the proceedings can be used as a supplementary reference.

III. Professional analysis by Henglue Lawyers

Taking the fraud accusation case handled by Attorney Yuan Hang of our firm as an example: The victim entrusted a relative to handle the transfer of ownership for a second-hand car purchase, but the other party fraudulently obtained part of the funds under the guise of transfer fees, deposits, etc. Subsequently, the other party repeatedly delayed the transfer and continued to demand additional payments, using excuses such as network failures, pandemic quarantines, and connections with influential individuals. In total, the amount of money extorted exceeded 3 million yuan. During the legal representation process, the lawyer's core tasks included organizing a large amount of evidence to form a complete chain of evidence, drafting the "Criminal Complaint Letter" and the evidence list, and accompanying the victim to report the case to the police. The public security organ accepted the case on the same day and officially launched an investigation within three weeks. The difficulty of this case lies in the fact that it was initially easily misidentified as an economic dispute. Through meticulously matching the flow of funds, time nodes, and the other party's excuses, the lawyer fixed the recurring patterns of false pretexts, which enabled an accurate assessment of the nature of the case. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, sort out all financial transaction receipts and communication records as soon as possible to form a timeline; Second, determine the nature of the behavior and identify possible charges; Third, entrust a lawyer to prepare a complaint letter and a list of evidence; Fourth, report the case to the police as soon as possible and keep the acceptance certificate; Fifth, if the police refuse to register the case, request a written notice and promptly apply for a review or request supervision over the case registration; Sixth, assess whether to initiate civil litigation at the same time to protect creditor's rights. Legal basis: Provisions on fraud, extortion, and illegal absorption of public deposits in the Criminal Law of the People's Republic of China; Provisions on case registration, refusal to register cases, and supervision over case registration in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

First, the strategies for criminal charges and civil litigation should be considered comprehensively, as the two paths may influence each other. Second, the integrity and continuity of evidence are more important than quantity, as a single transfer cannot reveal the overall intention. Third, after reporting the case, it's necessary to maintain communication with the investigating authorities and be patient in following up. Fourth, if the case is not registered, it's important to exercise the right of reconsideration in a timely manner and not to delay. Fifth, civil judgments cannot automatically prove that the other party committed a crime, as the standards of proof for the two types of cases are different. Sixth, during the prosecution process, it's essential to protect one's own safety and avoid direct conflicts with the other party.Real estate transactions and construction projectsThe practical tips on transaction risk prevention in this column can be used for proactive prevention.

VI. Frequently Asked Questions

Q1: Is my case a criminal case or a civil dispute?

The core of the judgment is whether the perpetrator has the purpose of illegal possession and whether there are deceptive means to make the victim fall into a wrong understanding. Typical situations belonging to criminal cases include: fabricating facts to defraud property, forging or altering certificates, absorbing funds under the guise of investment and financial management and then misappropriating them at will, and disappearing with the funds. Typical situations belonging to civil disputes include: genuine transactions but failure to perform, disputes over quality or delivery, and pure interest disputes. It is recommended that lawyers make a judgment on the nature of the case before reporting it to the police, so as to avoid missing the opportunity for criminal prosecution due to a wrong characterization of the case.

Q2: What should I do if the police don't file a case after I report the crime?

Legal remedies are available. If the public security organ refuses to file a case, it shall issue a notice of refusal to file a case; if the victim disagrees with the decision, he/she may apply for reconsideration within the statutory time limit; if he/she disagrees with the decision on reconsideration, he/she may also apply to the public security organ at the next higher level for review. In addition, according to the provisions of the Criminal Procedure Law, the victim may also submit an application for supervision of case filing to the people's procuratorate at the same level. In practice, attaching a clear list of evidence and legal analysis when submitting complaint materials can help the case-handling organ make a quick judgment.

Q3: Can a criminal prosecution and a civil lawsuit proceed simultaneously?

It's possible, but attention should be paid to strategic coordination. The standards of proof for the two paths are different. Civil litigation requires meeting the standard of civil proof, while criminal cases have higher requirements for evidence. Although a civil judgment cannot directly determine that the other party has committed a crime, it can be used as evidence in criminal cases. In practice, it is usually first to report the case to initiate criminal proceedings, and at the same time evaluate the necessity of civil recovery during the progress of criminal proceedings. At the same time, it should be noted that if a valid judgment has been made in civil litigation and is in the execution stage, subsequent criminal recovery may lead to offset issues with it, so the pace of advancing the two paths requires professional judgment.

Q4: How do lawyers charge for their services when handling a lawsuit?

There is no unified standard, and it mainly depends on the amount of evidence, the complexity of the case, and the stage of the work. The workload of simply drafting a complaint is relatively limited; if it is necessary to sort out a large amount of financial transactions, accompany the client to report the case multiple times, and follow up on the filing and review procedures, the cost will increase accordingly. It is recommended to clarify the scope of work before entrusting the lawyer, such as whether it includes sorting out evidence, accompanying the client to report the case, and following up on the review procedures after the case is not filed. At the same time, we should be vigilant against the statements promising to file a case. Whether the case is filed or not is decided by the case-handling organ according to law, and the lawyer's job is to increase the possibility of the case being filed.

Q5: How should I prepare the accusation materials?

It is recommended to organize the materials according to a timeline: first, list when and where it happened, the name under which the other party acted, what was promised, what money was received, and how the other party delayed or went missing afterward; then attach transfer receipts, chat records, call recordings, contract or agreement texts, and promotional materials; finally, state the claims and the alleged crimes. Lawyers usually use this information to prepare a "Criminal Complaint" and an evidence list. It is important to note that the materials should be kept in their original form as much as possible, without editing or altering them. Integrity is more important than aesthetics in this case.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.